Public gives legislators an earful on water system

(In this photo, Asheville City Manager Gary Jackson and City council members Jan Davis, Esther Manheimer and Chris Pelly talk with Henderson County Commissioner Charles Messer. Photo by Bill Rhodes)

The public weighed in on the fate of the city’s water system today, Feb. 23, with the majority telling a study group of four legislators that the utility should remain in the city’s hands. The day began with sessions designated for local elected officials and Asheville residents to make their views known.

“Today the system runs very efficiently. We have excellent credit. To consider taking the system is not the most efficient way to run a water system,” Asheville City Council member Jan Davis said.

The study commission is chaired by state Rep. Tim Moffitt, who represents the western part of Buncombe County. He was joined by Reps. Bill Brawley, Bill Brisson, and Chuck McGrady, also members of the committee. Brisson is the only Democrat. Rep. Tom Murry, the fifth member of the commission, wasn’t there.

Buncombe County Commissioner Holly Jones speaks passionately about the money the study on water is costing, and is projected to cost. Photo by Bill Rhodes

Moffitt’s fellow Buncombe representatives, Patsy Keever and Susan Fisher, criticized the group, asserting they’d been shut out of any study committees, especially this one, and that most people are fine with the current status of the water system.

“I have had thousands upon thousands of emails over the four terms I’ve been sent back to the General Assembly. None of them have expressed any concern about water,” Fisher said. “None of them have expressed concern about the way the water system was being run.”

She admitted that the rest of the local delegation had pressured her into voting for the Sullivan Acts, a series of state laws that prevent Asheville from charging non-city residents more for water, among other constraints. Fisher cautioned the committee to listen to their constituents instead of pursuing a “divide and conquer” approach that might lead to privatization.

Not everyone was set against taking the water system out of Asheville’s hands. Mike Edney, a Henderson County commissioner, said he “still feels the cold steel of the knives they [the city of Asheville] stuck in our backs.” He blamed city leaders for the 2005 dissolution of the regional water authority and said he wants the water system out of Asheville’s hands again.

However, Hendersonville Mayor Barbara Volks said that her town was happy with its own water system. A regional water authority would be ”unnecessarily complicated.”

While the city and the Buncombe County Board of Commissioners have had sometimes bitter disputes over the fate of the water system, Chair David Gantt told the commission that those days are in the past. “Five years ago I was totally in favor of an independent authority,” Gantt said. “But times have changed … the city put $40 million in the system right off the bat.”

Moffitt’s participation in the American Legislative Exchange Council, a conservative think-tank that’s advocated privatization, was a target of frequent criticism. In one case, Moffitt told a speaker to “stick to the topic” when he brought up the connection.

None of the Asheville residents who addressed the commission were in favor of moving the water system to an independent authority or shifting management and ownership to the Metropolitan Sewerage District. Some called the committee “worthless” or similar epithets. Others claimed water service has improved since the city took control.

“Why are you doing this?” city resident Nelson Cobb asked the committee.

“Those from Raleigh morally should not take this decision from local hands,” Robbie Schweitzer said, a view many of the other speakers also asserted. “As a citizen of North Carolina, I resent this type of heavy-handed governance.” Without more local representation on the committee, people would, he said, see the committee’s actions as “power-grabbing deceit.” — David Forbes

Buncombe residents weigh in

Many Buncombe County residents echoed the concerns of Ashevillians during the time allotted for them to speak later in the day, with the vast majority arguing that the city should maintain control of the system.

About an hour and a half in to the session, Davyne Dial noted that over 20 people had spoken against making any major changes compared to only two who argued in favor of transferring control to the Metropolitan Sewage District or another regional authority.

“So the argument that all these people living in the county are so threatened? I’m sorry, but your argument is not holding water here,” Dial asserted.

Jeff McLarty, host of the AFM News Hour on the Asheville FM internet radio station, urged committee members to heed the message they were getting from the public.

“I hope that there’s some legitimate listening going on, and this is not just a little piece of political theatre. I hope your minds are already made up,” he said.

Asheville City Council member Gordon Smith speaks to committee at WNC Ag Center.

Soon, however, local public–interest activist Barry Summers – who’s been outspoken in his criticism of the study committee and characterized their efforts as a step towards privatizing the system – stepped up to perform a bit political theater himself. Implying that the mostly Republican committee’s study represented a power grab for the party after gaining control of the N.C. General Assembly for the first time in over a century, he offered some backhanded compliments that drew laughs among the 50 or so attendees.

“I want to commend you for having the confidence that the current majority party will permanently rule the General Assembly and that there will not be a renewed cycle of retribution,” he said. “And that there will never come a day when the aggrieved parties in this seizure are going to come looking for your assets,” he added, drawing a grin from Moffitt.

Not everyone was in agreement that the system should be managed by the city of Asheville, however.

Conservative activist Robert Malt said that all the talk of possible privatization spurred by Summers and others was counter productive, noting that Moffitt has repeatedly said the committee isn’t considering such a move.

“This seems like a red herring that’s being used to try to stop what I think is a good process – if it ends up in a place where everybody is represented equally,” said Malt. “The city of Asheville wants to use water as a club to force people to be voluntarily annexed. The rest of this is a diversion.”

Malt also argued that any new management entity needs to be accountable to all residents of Buncombe County who get the service – not just Asheville voters.

Under the management of city government, the current system is “accountable to the people who live in the city of Asheville. It’s not accountable to me. I pay the same rate … but I have no say. …We have no vote – that’s wrong and it needs to be fixed,” he maintained. “Whatever you end up deciding, it has to be representative of all of the people that pay. Everyone that pays, gets a say.”

— Jake Frankel

Henderson County expresses concern, business leaders give their two cents

By mid-afternoon, the public hearing had more empty chairs present than people. Beginning at 3 p.m., members of the study committee took comments from residents of Henderson County. The hearing allocated an hour to listen to residents of Henderson County, but did not need it when only five people signed up to speak. Instead, the committee only needed about 20 minutes.

Though it was a small pool of representation, four out of the five women who spoke said they did not favor a regional water authority. One resident, Deborah Stevens, said she was adamantly against the creation of a regional water authority.

Stevens, who is also a member of the Green River Community Association, remarked, “Local government is the most accountable form of government. Surrender of control of water resources to a regional control is a surrender of local representation and local accountability.” She went on to say that the creation of a regional water authority would eradicate local accountability of water quality, stewardship, environmental impact and rate control. She added it would also dilute the interest of smaller communities in favor of the interests of larger urban entities.

But it was not just fears about the loss of local control that make Henderson County residents wary of a regional water authority. Former Henderson County commissioner Renee Kumor said history will make it difficult for her county to forgive and forget what happened between Henderson County and the city of Asheville. “Although I have heard disclaimers of improved stewardship coming from the current members of Asheville City Council, I believe that they are fighting the memory of generations of bullying and scheming from their predecessors,” Kumor said. She pleaded that the committee find long-term solutions and think at least 50 years out in regard to water management.

After the hearing, McGrady said he was not surprised by his county’s small turnout because, “So much of Henderson County’s water is supplied by the Hendersonville system. So I don’t think a lot of Henderson County residents view this as their issue.”

However, for the hearing’s final hour a few business leaders made their way to the WNC Agricultural Center to remind members of the study committee that this decision about the water system could affect their ability to generate revenue.

Dwight Butner, owner of the downtown Asheville restaurant Vincenzo’s Ristorante, said there has been a lot of nonsense surrounding the debate about who owns the water system. “By saying that people who pay for their water rates own the system is like saying that patrons own my restaurant because they pay for my food,” he said.

Director of Asheville Downtown Association Joe Minicozzi read the association’s position statement aloud at the meeting. The association’s statement declared that Sullivan Acts II and III are no longer necessary. Minicozzi read, “These acts operate to compromise the financial integrity and future prosperity of our city, county and region.”

At the end of the hearing, Moffitt said he thought the day was long but worthwhile. “It’s always good when we in Raleigh can go to the local area and make it convenient for folks to have their voices heard.” — Caitlin Byrd

OK, Tim(1), are you gonna make fun of Tim Moffitt’s ‘chimera’ too? Cause here it is in his own words, from the MVA forum:

Moffitt: “I think that some of the issues that Barry Summers has brought up are issues that need to be thought through, as far as: do not create a process where an unintended consequence could ultimately lead to privatization. I agree.”

…

Summers (to Rep. Moffitt): “You issue assurances as if the debate is over, for example saying that “Oh, it would be illegal to transfer the system because of the revenue bonds,” or “We’ll pass a law that prevents a transfer of the system in perpetuity”, when those issues have absolutely nothing to do with privatization. So it feels like you’re constantly wanting to assure us that it’s off the table, but none of those assurances would actually prevent it from happening.”

And that’s the point. Privatization isn’t being talked about in his Committee – that isn’t where it will be talked about. It will be talked about in private water company boardrooms in Brisbane, Houston, Paris, Philadelphia, etc., when the system is taken away from the elected representatives who currently control it. The company who is currently trying to privatize Tryon NC’s water system for example, has lots of funding and a stated intention of ‘acquiring’ water systems throughout the southeast. Does anyone think that the jewel of the region, Asheville’s water, won’t pop up on everyone’s radar screens once it’s handed over to an unelected regional authority, strapped for cash and bent on expansion?

Rep. Moffitt now pretty much admits that privatization could result from taking the system away from the City, and that he has no way of assuring us that it won’t happen.

If I were a big water bottling firm, I’d sure go to where the water was known to be cleanest , coming as it does out of mountain reservoirs. Then selling it bottled at a 9000% profit…pretty damm good reason to target water coming out of our mountains.

Here are links to video of the Mountain Voices Alliance meeting at Jubilee on Feb 20th and the League of Women Voters meeting on 2.13. I also videotaped yesterdays meeting (2.23), but the audio was so poor in the room that it’s almost painful to try to sit through the 4.5 hours of video on Youtube. One would think that a panel set up to listen to public comment would provide adequate audio to hear the public comments.

Both forums provide excellent information on the history and reasoning behind many decisions regarding our water system.

I have to agree that Tim Moffit is behaving as a petty dictator and is clearly acting out some personal grievance against the city of Asheville, BUT, I find the spreading of rumors about his numerous extra-marital affairs and alleged bi-sexuality to be completely out of bounds. Those responsible should simply cut it out. Even if it’s true, Moffit’s personal life has nothing to do the water debate.

I get the strange feeling – due to the poor reporting on this issue – that Moffitt is working in the interest of some lobbyist and city council wants the water system as an annexation weapon. Either way, evil.